Mr J Corrington v Larentia Capital Limited — 2020

Mr J Corrington presented an ET1 that referred to unfair dismissal and arrears of pay, but the unfair dismissal complaint was not accepted because he did not have two years' qualifying service. At a case management hearing on 22 May 2020, Employment Judge Jenkins clarified that the live complaint was one of unauthorised deduction from wages and case management orders were made for further particulars, disclosure, a bundle and witness statements.

The respondent later applied to strike out the claim because the claimant had not complied with the orders. The Tribunal sent the hearing notice, the strike-out application and the video hearing details to the claimant by email and by post, following directions that his original preference for postal communication should be respected. There was no response from the claimant to the Tribunal's correspondence.

The claimant did not attend the final hearing by video conference on 3 August 2020 and the Tribunal had no telephone number to contact him. Employment Judge Harfield therefore dismissed the claim under Rule 47 for failure to attend or be represented. The judgment states that, in any event, the claim would also have been struck out under Rule 37 for non-compliance with Tribunal orders and/or because the claimant was not actively pursuing the claim.